On The National Compensation

National compensation is one of the national responsibilities. But in our country, the progress of both the theoretical studies on it and the establishment of relevant laws and rules are far behind the global development, which results in serious problems. In this article, after first examining the relevant theories developed both inside and outside, and after examining the primary problems in our legal practice, I will, with reference to some theories in this field in private law, try to analyze and explore the theoretical problems of the national compensation in our country by taking the classification studies as the axis, and then make some possible suggestions for the establishment of our national compensation law and the improvement of the relevant systems in our country, in the hope that they will contribute a little for the further study on this issue. This dissertation is composed of six chapters. Chapter 1 is "the basic theories of national compensation". It mainly explores the basic concepts, the theoretical and constitutional grounds of national compensation. In the part of the basic concepts, I mainly define national compensation and discuss its nature, characteristics and functions. In addition, I further classify national compensation as three basic types: national compensation for State's rightful infringement,national compensation based on public-service interests and national compensation for equity, on the basis of which I bring forward three preconditions to which attention should be paid and resolution must be made when designing the basic system of national compensation: the standard of human, the scope of obligee for damages, and the degree of damage that should be compensated. At the end, I make a brief introduction to the historical development and the present legislation and practice of national compensation home and abroad, which sets a beforehand foundation for the further study based on the practice in the following chapters.In the part of the theoretical grounds of national compensation, after the introduction and review of the major theories home and abroad, I further explore the basic theories that should be adopted in our country's national compensation. I argue that the basic theories of our country's national compensation should not be single but be multiple. Based on that and with the consideration of the primary types of national compensation classified above, I assert that the theoretical grounds for national compensation for nation's rightful infringement and national compensation based on public-service interests should be "the theory of special sacrifice", while that of national compensation for equity should be the socialist doctrine of "rule-of-law country".In the part of the constitutional grounds of national compensation, I illustrate the constitutional grounds of national compensation home and abroad, pointing out that the improvement and perfecting of our system of national compensation will definitely be influenced profoundly by the further establishment of the following rules in our country's constitution: limit on property and its compensation, the rule of proper procedure, the rule of human dignity and the rule of just compensation.Chapter 2 is "the types of the reasons and the necessary components of national compensation". The former is the weakest part of the research on the national compensation in our country. In this chapter, in accordance with the classification of national compensation in Chapter 1, I indicate the specific causes that invoke national compensation in each basic type, and then explore other ways of classifying the reasons of national compensation. Given that there is not yet a law that exclusively regulates national compensation in our country, it is necessary to explore respectively the components of the three different primary types of national compensation in accordance with separated rules and relative legal theories.Owing to the public interests and the purpose of public interests are the impor...